France: Motto of the Republic prevails in court

The Constitutional Council said on Friday that a farmer who smuggled migrants into the country was not guilty of a crime as he acted on “the principle of fraternity”.

The motto appears twice in France’s Constitution and trumps the relevant statute criminalising Cédric Herrou’s actions.

An olive grower, Mr Herrou was charged with bringing migrants into France across the France-Italy border to the Roya Valley.

He was fined €3,000 last year after but has now succeeded on appeal.

The council said: “The principle of fraternity confers the freedom to help others, for humanitarian purposes, regardless of the legality of their presence on national territory.”

At trial, Mr Herrou has said the policy of refusing refugees was “ignoble”.

He told the court: “There are people dying on the side of the road.

“It’s not right. There are children who are not safe.”

Following Friday’s ruling he tweeted: “In the name of fraternity, we will remain united.”